City of Elizabeth and Elizabeth Fire Officers Association, IAFF Local 2040

In P.E.R.C. No. 2016-34, the Commission restrained arbitration of a grievance challenging the City’s selection of an Acting Deputy Chief where both candidates for the position achieved the same score on the promotional examination. The Commission found that the City was seeking to accomplish the policy goal of training incoming firefighters. The Commission cited but did not distinguish Township of Plainsboro, P.E.R.C. No. 2001-36, which had upheld the use of seniority among equally qualified candidates to fill non-permanent promotional positions.